1. (a) An applicant for initial licensure applying under this section must:

   1. (1) provide a Commission on Graduates of Foreign Nursing Schools (CGFNS) certificate or the equivalent which verifies that the applicant:

      1. (A) has the educational credentials equivalent to graduation from a governmentally accredited/approved, post-secondary general nursing program of at least two academic years in length;
      2. (B) received both theory and clinical education in each of the following: nursing care of the adult which includes both medical and surgical nursing, maternal/infant nursing, nursing care of children, and psychiatric/mental health nursing;
      3. (C) received initial registration/license as a first-level, general nurse in the country where the applicant completed general nursing education;
      4. (D) is currently registered/licensed as a first-level general nurse;
      5. (E) demonstrated proficiency in the English language; and
      6. (F) passed the CGFNS Qualifying Exam;
   2. (2) file a complete, notarized application for registration containing data required by the board and the required application processing fee which is not refundable; and

   3. (3) pass the NCLEX-RN as a Texas applicant

      1. (A) within four years of completion of the requirements for graduation from the nursing program if the applicant has not practiced as a professional registered nurse at least two of the four years since completing the requirements for graduation; or
      2. (B) within four years of the date of eligibility for the NCLEX-RN if the applicant has practiced as a professional registered nurse at least two of the past four years.

2. (b) An applicant who fails the NCLEX-RN may retake the examination no more than two times without additional education.

   1. (1) An applicant who is unsuccessful after three attempts and within four years of completion of the requirements for graduation or within four years of the date of eligibility must complete a professional nursing curriculum in order to be eligible to retake the examination.
   2. (2) An applicant who has not passed the NCLEX-RN within four years of completion of the requirements for graduation or within four years of the date of eligibility must complete a professional nursing program in order to be eligible to take the examination.
3. (c) An applicant who graduated more than four years prior to the date of filing an application and who has not practiced as a professional registered nurse two of the past four years must complete a professional nursing program in order to be eligible for licensure under this section.
4. (d) Should it be ascertained from the application filed, or from other sources, that the applicant should have had an eligibility issue settled by way of a Petition for Declaratory Order, (see §213.30 of this title (relating to Declaratory Order of Eligibility for Licensure) and Texas Civil Statutes, Article 4519a) then the application will be treated and processed as a Petition for Declaratory Order and the applicant will be required to pay the appropriate non-refundable processing fees. Should the Board finally determine that the individual is not eligible to be admitted to the examination, then that individual is precluded from again petitioning, or applying to the Board for admission to the examination except when the impediment to eligibility for licensure has been removed, such as when an applicant receives a full and unconditional pardon for prior criminal convictions.
5. (e) Upon initial licensure by examination, the license is issued for a period ranging from six months to 29 months depending on the birth date. Licensees born in even numbered years shall renew their licenses in even numbered years; licensees born in odd numbered years shall renew their licenses in odd numbered years.

Source Note:The provisions of this §217.4 adopted to be effective September 1, 1999, 24 TexReg 4001.